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RECEPTION#: 711528, R: $43.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 08/29/2025 at 02:19:18 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #06
(SERIES OF 2025)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR
MINOR DEVELOPMENT FOR THE PROPERTY LOCATED AT 435 E MAIN
STREET, LEGALLY DESCRIBED AS BLOCK 87, LOT E THRU 1, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-30-005
WHEREAS, the applicant, Kiernan Inc DBA 212 Gallery LLC, has requested a Certificate of
Appropriateness for Minor Development from the Historic Preservation Commission for the
proposed installation of a mural at property located at 435 E. Main St., commonly known as the
Locals Comer gas station, and legally described as Block 87, Lot E Thru 1; City and Townsite of
Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall
be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated
historic property or district until plans or sufficient information have been submitted to the
Community Development Director and approved in accordance with the procedures established
for their review-"; and
WHEREAS, for approval of a Certificate of Appropriateness for Minor Development, the HPC
must review the application, a staff analysis report and the evidence presented at a hearing to
determine the project's conformance with the City of Aspen Historic Preservation Design
Guidelines per Section 26.415.070(d) of the Municipal Code and other applicable Code Sections.
The HPC may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, Community Development Department staff reviewed the application for compliance
with applicable review standards and, found it inconsistent with the City of Aspen Commercial,
Lodging, and Historic District Standards and Guidelines Guidelines 1.24 and 2.14 and Standard
1.23,, and therefore could not recommend an approval; and
WHEREAS, at a duly noticed public meeting on June 11, 2025, the HPC considered the
application, the staff memo, and public comment, and voted 5 to 0 in support of a motion to
approve the application with conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN HISTORIC
PRESERVATION COMMISSION THAT:
Section 1: Approval:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Historic Preservation Commission hereby grants the a Certificate of Appropriateness for Minor
Development to install a mural approximately 43 feet wide by 18 feet 6 inches high at property
HPC Resolution 06, Series of 2025
Page 1 of 3
located at 435 E. Main St., and legally described as Block 87, Lot E Thru 1; City and Townsite of
Aspen, Colorado, with the following conditions:
1. The applicant shall provide a testing location where the proposed clear coat and paint is to
be applied, with a demonstration to staff and HPC monitor as to its removability. Should
the applied paint not be easily removable without damage to the brick, the mural work will
not proceed, and any related approval(s) will be voided.
2. The mural shall be maintained to prevent appearances of neglect, such as peeling paint,
until it is removed by the owner.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented
before the Community Development Department, the Historic Preservation Commission, or the
Aspen City Council are hereby incorporated in such plan development approvals and the same
shall be complied with as if fully set forth herein, unless amended by other specific conditions or
an authorized authority.
Section 3: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5: Vested Righ'ts.
The development approvals granted herein shall constitute a site -specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said vested
property rights and shall render the development order void within the meaning of Section
26.104.050 (Void pen -nits). Zoning that is not part of the approved site -specific development plan
shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published
in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a
notice advising the general public of the approval of a site specific development plan and creation
of a vested property right pursuant to this Title. Such notice shall be substantially in the following
form:
No"
HPC Resolution ,Series of 2025
Page 2 of 3
Notice is hereby given to the general public of the approval of a site -specific development plan,
and the creation of a vested property right, valid for a period of three (3) years, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining
to the following described property: 435 E. Main Street.
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the date
of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution
and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 1 lth day of June, 2025.
Approved as to Form:
a Berne, Assistant City Attorney
ATTEST:
f
Mik Sear, eputy City Clerk
Approved as to Content:
r CM
mt
KTra'N'Iffiompson, Chair
0(0
HPC Resolution , Series of 2025
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